Jituna Bhoi Vs State Of Odisha

Savitri Ratho, J

This application under Section 439 of Cr.P.C. has been filed in connection with P.R. No.402/2023-24 of E.I. & E.B. Unit-II, Cuttack corresponding to 2 (a) C.C. No.139 of 2023, pending in the file of the learned Sessions Judge-cum-Special Judge, Cuttack under Section 21(b) of the NDPS Act.

The prayer for bail of the petitioner had been rejected vide order dated 18.10.2023 passed by the learned Special Judge, Cuttack.

The prosecution allegation in brief is that on 26.09.2023 at about 1.30 p.m., 106 grams of heroin in a small polythene packet kept in a Dibba was recovered from the possession of the petitioner on the road near Erancha Chhak under Niali Police Station. As he could not produce any authority for possession of the said heroin, the heroin was seized and the petitioner was arrested.

Mr.S.K.Parida, learned counsel for the petitioner submits that the petitioner is in custody since 26.09.2023 and he has no connection with the said heroin and one Debuli Sahu had handed over the petitioner a bag containing vegetables but when the Excise Staff searched the same bag they found heroin kept in a polythene packet in the bag. He also submits that the petitioner is aged about 21 years and he has no criminal antecedents and investigation in the case is complete. He further submits that in view of quantity of heroin seized, Section 37 of the N.D.P.S. Act will not be a bar for considering his prayer for bail.

Mr.S.S.Mohapatra, learned Addl. Standing Counsel opposes the prayer for bail stating that these types of crimes are increasing everyday and the criminal antecedents of the petitoner are required to be verified.

Considering the quantity of heroin seized, the age of the petitioner and as investigation has been completed, I am inclined to allow the prayer for bail.

The petitioner- Jituna Bhoi shall be released on bail on such terms and conditions as may be fixed by the learned Court below in seisin over the matter, after verification that he has no criminal antecedents, including the following conditions :

(i) He will not indulge in any criminal activity while on bail.

(ii) He will not tamper or try to influence prosecution witnesses while on bail.

(iii) He will report before the IIC, Niali Police Station as and when required.

(iv) He will remain present in the trial Court on each date it if fixed for trial unless his appearance is dispensed with by the learned trial Court under Section 317 Cr.P.C. on any particular day.

Violation of any condition will entail in cancellation of bail/ recall of this order.

The BLAPL is accordingly disposed of.

Urgent certified copy of this order be granted on proper application.

Copy of this order be supplied to Mr. S.S.Mohapatra, learned Additional Standing Counsel for onward transmission to the IIC, Niali Police Station.

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